Board of Mayor & Aldermen

MINUTES BOARD OF MAYOR AND ALDERMEN REGULAR MEETING NOVEMBER 19, 2013 Board present Staff present Mayor Billy Paul Carneal City Manager Paul John Nutting Alderman James Hubbard Asst. City Manager Regina Holt Alderman Willie Mason City Recorder Jane Shugart Murphy Alderman Jerome Ellis City Attorney Jim Balthrop Vice-Mayor Ann Schneider City Clerk Connie Watson Alderman Bruce Head Alderman Clay Sneed 1.1 Mayor Billy Paul Carneal called to order the regular meeting of the Board of Mayor and Aldermen at 7:30 p.m. The meeting opened with the pledge of allegiance to the American flag. 1.2 Public Hearings: 1. Ordinance 13-19, an ordinance amending the Fiscal Year 2014 annual budget for the City of Springfield by amending certain General Fund and Utility Fund budgets. 2. Ordinance 13-20, an ordinance rezoning 17.22 acres of property on U.S. Highway 41 North from RI, Restricted Industrial to CS, Commercial Services. 3. Ordinance 13-21, an ordinance rezoning a 4.31 acre tract of property located at 2504 Memorial Boulevard and owned by the 1990 Company, LLC from CG, Commercial General and MRO, Multiple Residential and Office to CS, Commercial Services. 4. Ordinance 13-22, an ordinance rezoning selected properties located on the north and south sides of Memorial Boulevard, between 5th Avenue and the right of way of CSX Railroad from CC, Core Commercial and CG, Commercial General to CS, Commercial Services. 5. Ordinance 13-25, an ordinance annexing property of Robertson County on behalf of the Robertson County School Board and adjacent property of the Batson family, consisting of 19.86 acres on Batson Parkway, and adopting a Plan of Services for the property.  George James, Director of Planning, briefed the Board on the Plan of Services for the 19.86 acres of property that is being annexed on Batson Parkway. 6. Resolution 13-23, a resolution approving the issuance of $41,334,000 in revenue bonds by the Health, Educational, and Housing Facilities Board of Sevier County, Tennessee. Mayor Carneal informed the Board that item 3.1 of the agenda, a presentation from Sherrill Morgan on the proposals for providing employee health insurance benefits for the new calendar year, will be moved up on the agenda to follow item 1.3, a presentation from Billy Casper Golf Management. 1.3 Joshua Geppi, new General Manager of The Legacy Golf Course, introduced Josh Gaby, Course Superintendent for The Legacy, and Billy Casper Golf Management representatives Brian Loveday, Central Regional Manager, and Tony Cianci, Senior Vice President of Operations. Mr. Geppi made a power point presentation about recent improvements to golf course operations and goals for the upcoming year. He also presented the new proposed fee schedule incorporated in Ordinance 13-26 which is to be considered on first reading later in the agenda. 3.1 Mark Morgan, representing Sherrill Morgan, the City’s health insurance consultant, briefed the Board on the various proposals received for the employee health care benefit plan beginning January 1, 2014. Mr. Morgan recommended that the City change to a self-funded plan administered by the City’s current insurance provider BlueCross BlueShield of Tennessee. The City will be able to keep the plan design currently in place. Alderman Hubbard moved to approve changing the health care benefit plan for City employees from a fully insured plan to a self-funded plan administered by BlueCross BlueShield of Tennessee. The motion was seconded and passed by 7-0 roll call vote. 1.4 Alderman Hubbard moved to approve the minutes of the regular meeting of the Board of Mayor and Aldermen held on October 15, 2013. The motion was seconded and passed unanimously. 2.0 Legislative 2.1 Alderman Mason moved for the approval of Ordinance 13-13 on third and final reading. The ordinance rescinds Ordinance 90-22 in its entirety and amends Title 18 of the Springfield Municipal Code entitled “Water and Wastewater” by rescinding Chapter 3 entitled “Sewage Disposal” in its entirety and substituting a new Chapter 3 entitled “Sewage Disposal.” The motion was seconded and passed by 7-0 roll call vote. 2.2 Alderman Hubbard moved for the approval of Ordinance 13-17 on third and final reading. The ordinance amends Title 8 of the Springfield Municipal Code entitled “Alcoholic Beverages” by amending Chapter 1 entitled “Intoxicating Liquors” by rescinding Section 8-119 entitled “Regulations for purchase and sale of intoxicating liquors” in its entirety and substituting a new Section 8-119. The motion was seconded and passed by 7-0 roll call vote. 2.3 Alderman Schneider moved for the approval of Ordinance 13-19 on second reading. The ordinance amends the Fiscal Year 2014 annual budget for the City of Springfield by amending certain General Fund and Utility Fund budgets. The motion was seconded and passed by 7-0 roll call vote. 2.4 Alderman Hubbard moved for the approval of Ordinance 13-20 on second reading. The ordinance rezones 17.22 acres of property on U.S. Highway 41 North from RI, Restricted Industrial to CS, Commercial Services. The motion was seconded. Mr. Nutting, the City Manager, advised the Board that this ordinance and the following two (2) related ordinances are presented with minor changes in the legal descriptions of the properties. He recommended the Board amend each of the three (3) ordinances to incorporate the changes as presented, before voting on the original motion. Alderman Sneed moved to amend Ordinance 13-20 with the changes in the legal description of the property as presented. The motion was seconded and passed by 7-0 roll call vote. The original motion passed by 7-0 roll call vote. 2.5 Alderman Ellis moved for the approval of Ordinance 13-21 on second reading. The ordinance rezones a 4.31 acre tract of property located at 2504 Memorial Boulevard and owned by the 1990 Company, LLC from CG, Commercial General and MRO, Multiple Residential and Office to CS, Commercial Services. The motion was seconded. Alderman Hubbard moved to amend Ordinance 13-21 with the changes in the legal description of the property as presented. The motion was seconded and passed by 7-0 roll call vote. The original motion passed by 7-0 roll call vote. 2.6 Alderman Hubbard moved for the approval of Ordinance 13-22 on second reading. The ordinance rezones selected properties located on the north and south sides of Memorial Boulevard between 5th Avenue and the right-of-way of CSX Railroad from CC, Core Commercial and CG, Commercial General to CS, Commercial Services. The motion was seconded.  Alderman Sneed moved to amend Ordinance 13-22 with the changes in the legal description of the properties as presented. The motion was seconded and passed by 6-0 roll call vote. Ayes: Carneal, Sneed, Mason, Schneider and Hubbard. Alderman Head abstained. The original motion passed by 6-0 roll call vote. Ayes: Ellis, Hubbard, Sneed, Schneider, Carneal and Mason Alderman Head abstained. 2.7 Mr. Nutting reminded the Board that the proposed Animal Care and Control Policies developed by Police Chief David Thompson were presented at the October 15 meeting. He informed the Board that the Animal Care and Control Division is in need of written Animal Care and Control Policies and Procedures that are consolidated into one document and recommended that they be approved. Mr. Nutting informed the Board that Chief Thompson is present and available to address any questions and concerns they may have. Alderman Hubbard moved for the approval of the Animal Care and Control Policies and Procedures as presented. The motion was seconded and passed by 7-0 roll call vote. 2.8 Alderman Hubbard moved for the approval of Ordinance 13-23 on first reading. The ordinance amends Title 10 of the Springfield Municipal Code entitled “Animal Control” by rescinding Chapter 1 entitled “In General” in its entirety and substituting a new Chapter 1 to read as set forth in “Exhibit A” attached, rescinding Chapter 2 entitled “Dogs and Cats” in its entirety and substituting a new Chapter 2 to read as set forth in “Exhibit B” attached, and changing the heading of Title 10 to read “Animal Care and Control.” The motion was seconded and passed by 7-0 roll call vote. 2.9 Alderman Mason moved for the approval of Ordinance 13-24 on first reading. The ordinance establishes a new schedule of fees for animal care and control services. The motion was seconded. Mr. Nutting informed the Board that the impoundment fee and the boarding fee will remain the same. The specific fee amounts are being removed from the Municipal Code to eliminate the need to amend the Municipal Code each time a fee is changed. The fee schedule reflects the new approach to be taken regarding animal adoption. The adoption fees are recommended to be increased to ninety dollars ($90.00) for a dog and eighty-five dollars ($85.00) for a cat. The fees will cover the City’s expenses for the spaying and neutering of animals, and for rabies shots before the animals are released to the care of their new owners. The motion passed by 7-0 roll call vote. 2.10 Alderman Hubbard moved for the approval of Ordinance 13-25 on first reading. The ordinance annexes property owned by Robertson County on behalf of the Robertson County School Board and at the request of Robertson County, and adjacent property owned by the Batson Family and at the request of the Batson Family, consisting of 19.86 acres on William A. Batson Parkway, and adopts a Plan of Services for the property. The motion was seconded and passed by 7-0 roll call vote. 2.11 Alderman Hubbard moved for the approval of Ordinance 13-26 on first reading. The ordinance amends the schedule of fees and charges for play at The Legacy Golf Course by rescinding Ordinance 12-12 in its entirety and substituting a new schedule of fees. The motion was seconded. Mr. Nutting reviewed the proposed schedule of fees. After discussion, the motion passed by 7-0 roll call vote. . 2.12 Alderman Hubbard moved for the approval of Resolution 13-22, a resolution authorizing the distribution of longevity pay to all full-time employees of the City of Springfield. The motion was seconded and passed by 7-0 roll call vote. 2.13 Mr. Rob McIndorf, representing the law firm of Pack, Schiffer and Williams, acting as Bond Counsel for the revenue bonds to be issued by the Health, Educational and Housing Facilities Board of Sevier County, Tennessee for the benefit of Hallmark Country Place, LLC addressed the Board. He stated the conduit bond issue in the amount of $41,334,000 is for the renovation of apartments for low to moderate income housing across the state. The property affected in Springfield is Country Place Apartments, which will receive $1.7 million for renovation of thirty-nine (39) units. Mr. McIndorf stated that in order to receive tax exempt status and to acquire this bond issue at a low interest rate of four percent (4%), they will have to be in compliance with Section 147F of the Internal Revenue Code which requires that a public hearing be held to notify and give the public opportunity to comment. He stated that the resolution is for the purpose of acknowledging that the public hearing was held and that the City of Springfield will not be responsible or liable for any of the debt. Alderman Hubbard moved for the approval of Resolution 13-23, a resolution approving the issuance of $41,334,000 in revenue bonds by the Health, Educational and Housing Facilities Board of Sevier County, Tennessee. The motion was seconded and passed by 7-0 roll call vote. 2.14 Alderman Schneider moved for the approval of Resolution 13-24, a resolution authorizing the City of Springfield to apply for a Transportation Enhancement Program grant administered by the Tennessee Department of Transportation. The motion was seconded.  Mr. Nutting, the City Manager, informed the Board that this grant application is in the amount of $2,290,472 to be used to complete the construction of the Greenway. The total cost of the last phase of the Greenway project is estimated to be $2,863,090; with the grant proceeds providing eighty percent (80%) of the cost and the City of Springfield providing a twenty percent (20%) match in the amount of $572,618. The City of Springfield is required to complete this project and has been applying annually for grant funding in order to do so. The motion was passed by 7-0 roll call vote. 2.15 Alderman Hubbard moved for the approval of Resolution 13-25, a resolution declaring the intent of the City of Springfield to reimburse itself for certain expenditures relating to public works projects with the proceeds of bonds or other debt obligations to be issued by the City of Springfield in an approximate amount of $10,000,000. The motion was seconded. Mr. Nutting stated that this resolution authorizes the reimbursement of depreciation funds and operating funds used to pay expenses pertaining to the evaluation, construction design and submittal of reports to the U.S. Environmental Protection Agency (EPA) for the rehabilitation of the sanitary sewer collection system, more specifically the work to be performed by Gresham, Smith and Partners under contract Task Orders 5, 6 and 7; which are to be considered for action later in the agenda. Mr. Nutting requested that the Board withhold action on this resolution until after Task Orders 5, 6 and 7 are discussed and possibly approved under the Administrative portion of the agenda. Mayor Carneal stated that the Board should move forward and take action at this time. The motion passed by 7-0 roll call vote. 3.0 Administrative 3.2 Alderman Hubbard moved to approve the TVA wholesale fuel cost adjustment of $0.01994 per kilowatt-hour, effective December 1, 2013. The motion was seconded and passed by 7-0 roll call vote. This adjustment represents an increase of 2.4% in the wholesale electric rates resulting in an increase of $1.50 to $2.50 on an average residential electric bill, depending on usage. 3.3 Alderman Schneider moved for the approval of the November gas rates for the Springfield Gas Department. The motion was seconded and passed by 7-0 roll call vote. 3.4 Alderman Ellis moved for the approval of a parade application submitted by the Robertson County Chamber of Commerce for Christmas on the Square, the  Christmas Parade, and the YMCA 5K and 10K runs to be held on November 23, 2013. The motion was seconded and passed by 7-0 roll call vote. 3.5 Mr. Nutting briefed the Board on the request from Mr. Harold Miller for an additional water leak adjustment in excess of what is allowed by the City’s policy, due to a resulting water bill in the amount of $992.06. Mr. Miller has received an adjustment in the amount of twenty-five percent (25%) of the leak in accordance with City policy. Mr. Nutting informed the Board that COPE has also assisted by making a payment of $150.00 toward Mr. Miller’s bill, reducing the balance owed to $594.04. Mr. Miller was offered an installment payment plan but he stated that he cannot pay and requested that we consider a higher adjustment. Mr. Nutting explained that he has empathy for Mr. Miller, due to his disability, but he expressed concern that many customers struggle to pay their utility bills and, if the Board authorizes a higher adjustment in this case, other customers may make similar requests. Jane Murphy, Director of Finance and City Recorder, informed the Board that a note, advising Mr. Miller of the leak, was left by the meter reader. After some discussion, Alderman Hubbard moved to absorb the remaining balance of $594.04 on Mr. Miller’s water bill. The motion was seconded. Alderman Sneed moved to amend the motion by waiving fifty percent (50%) of the balance with the stipulation that Mr. Miller hire a certified plumber to inspect the water line and make repairs following the recommendations of the plumber. The motion died for lack of a second. The motion to credit Mr. Miller’s account in the amount of $594.04 passed by 6-1 roll call vote. Ayes: Hubbard, Schneider, Carneal, Head, Ellis and Mason Nayes: Sneed 3.6 Mr. Nutting addressed the Board about the proposed agreement between the cities of Springfield and White House with regard to reimbursement of costs for salaries, benefits and related expenses for E-911 dispatchers serving both communities. Springfield and White House E-911 dispatching services have remained consolidated under the management of the City of Springfield. Robertson County E-911 dispatchers are currently under the management of the Robertson County Emergency Communications District. The goal is to have all E-911 dispatchers within the county consolidated under the Robertson County Emergency Communications District by July 1, 2014, with dispatch costs allocated based on a formula recommended by MTAS and CTAS consultants. Under the recommended formula, all jurisdictions would contribute toward the cost of E-911dispatching based on the proportionate annual calls for service for each jurisdiction and the proportionate population for each jurisdiction. Proportionate calls for service and proportionate population would each account for fifty percent (50%) of the formula. The proposed agreement between  Springfield and White House will continue to base responsibility for costs on the number of dispatch personnel contributed by each city and the actual costs for each position, until all countywide dispatching is consolidated at the start of the next fiscal year, and the costs to each jurisdiction are based on the recommended formula. Under the proposed agreement White House shall pay Springfield the sum of two hundred eight thousand dollars ($208,000.00) payable in twelve (12) equal monthly installments. In the event a worker’s compensation claim is made by an employee designated to a White House dispatch position, any amount of the deductible for worker’s compensation insurance coverage on the claim shall be paid by the City of White House. The agreement is effective as of July 1, 2013 and shall terminate on June 30, 2014. Alderman Hubbard moved to approve the agreement between the City of Springfield and the City of White House for the reimbursement of E- 911dispatcher expenses. The motion was seconded. A question was asked about the progress being made in consolidating all county dispatching using the proposed formula. Police Chief David Thompson, who serves on the Robertson County Emergency Communications District Board of Directors, stated that progress was being made by the District to use MTAS and CTAS to assist in hiring a full-time Director and in drafting a new contract to be signed by the local jurisdictions whereby costs will be based on the formula. Both Mr. Nutting and Chief Thompson stated they are optimistic that a new contract will be enacted by July 1, 2014 based upon conversations they have each had with individual County elected officials. The motion was brought back and passed by 7-0 roll call vote. 3.7 Alderman Sneed moved for the approval of agenda items 3.7, 3.8 and 3.9 pertaining to the approval of Task Orders 5, 6, and 7 to be performed under the Gresham, Smith and Partners contract. The motion was seconded a passed by 7-0 roll call vote. The Task Orders are for system evaluation, construction design and inspection, and filing of reports with the United States Environmental Protection Agency (EPA) pertaining to the rehabilitation of the City’s sanitary sewer collection system as required by the Administrative Order on Consent. Task Order 5 is in the amount of $302,150; Task Order 6 is in the amount of $658,560 and Task Order 7 is in the amount of $835,266. 3.10 Alderman Hubbard moved for the appointment of Mr. Gary Howse, representing Ward 3, and Dr. Tom Onstott, representing Ward 5, to the Springfield Industrial Development Board. The motion was seconded and passed by 7-0 roll call vote. 3.11 Mr. Nutting informed the Board that Mr. Tracy Langston, a City appointee, has resigned his position on the Springfield/Robertson County Joint Airport Board, and a new person will need to be appointed to serve for the remainder of the unexpired term that will end on December 31, 2017. It is the recommendation of the Airport Board members to appoint Mr. Chris Simpkins, a City/County appointee, to fill the position vacated by Mr. Langston and to appoint Mr. Sam Chitty, a county resident, to Mr. Simpkins position. Mr. Nutting advised the Board that, although Mr. Simpkins owns property within the city limits of Springfield, he is not a city resident as required by ordinance and, therefore, cannot be appointed as a representative of the City of Springfield. Mr. Nutting recommended that the Board of Mayor and Aldermen appoint a resident of Springfield to fill the vacant position. He stated that there was time for the Board to make the appointment at a future meeting because the Airport Board had more than enough members to establish a quorum for meetings. No action was taken. 3.12 No further action was required for approving the health benefit plan for City of Springfield employees. 3.13 Alderman Sneed stated that his recommendation for the creation of a Construction Department is an attempt to save money by doing more construction work “in house” pertaining to our current problems with the sewer system. Alderman Sneed moved to create a Construction Department for the City of Springfield. The motion was seconded. Each Board member was given the opportunity to discuss and ask questions pertaining to the creation of a Construction Department. Alderman Head moved to amend the motion by requesting that the City Manager and Director of Water/Wastewater Utilities, Roger Lemasters, present plans for the creation of a Construction Department to accomplish the goals as outlined to the Board for review by their regular meeting in December. The maker of the motion moved for the deferral of item 3.13 until the regular meeting in December and requested that Mr. Nutting and Mr. Lemasters present a report as requested by Alderman Head. The motion was seconded and passed by 7-0 roll call vote. 3.14 The Board discussed ways of becoming more involved in the Springfield schools to better understand current issues and problems. No action was taken. 4.0 Consent Alderman Ellis moved for the approval of consent items 4.1, 4.2, 4.3, and 4.4.  The motion was seconded and passed by 7-0 roll call vote. 4.1 Parks and Recreation Department request to award the bid for the following three (3) pieces of exercise equipment for the Center: Precor Treadmill, Precor Elliptical Crosstrainer, and Precor Recumbent Bike to Fitco Fitness Center Outfitters at a total amount of $10,600.00. 4.2 Springfield Gas Department request to award the bid for a mid-size ride on trencher to Ditch Witch of Tennessee in the amount of $39,995.00. 4.3 Springfield Gas Department request to award the bid for a loader/backhoe to TUFF Equipment Company in the amount of $76,823.00. 4.4 Springfield Gas Department request to award the bid for an International 7400 dump truck to Cumberland International under State Contract #30764 in the amount of $94,659.00. 5.0 City Manager’s Report Sewer system rehabilitation work has been ongoing in the Circle Drive basin since early September; and the first two months of the contract were dedicated to cleaning the lines. During the month of November, the construction crews have begun making the repairs to damaged sewer mains. A total of 6,857 linear feet of main have been repaired using the cured-in-place liner. The contract calls for repair of over 31,000 linear feet of pipe. Bids will be opened on the second basin repair contract in early December and the Board will be awarding the bid at the December meeting. 6.0 Adjournment With no further business to discuss, the meeting adjourned. ______________________________ Billy P. Carneal, Mayor Attest: ______________________________ Jane Shugart Murphy, City Recorder